Housing, Land Use and Transportation 07/08/2011
Transportation
AB 345 (Atkins) – Support
As Amended on June 29, 2011
AB 345, by Assembly Member Toni Atkins, would codify in statute a
long-standing advisory committee, the California Uniform Traffic
Control Devices Committee (CTCDC), created by the California
Department of Transportation (Caltrans). The measure would also
add two additional representatives to the CTCDC representing
non-motorized users of the road, selected from the Caltrans
Active Transportation and Livable Communities Advisory Group
(ATLC).
CSAC, with two representatives on the CTCDC since 1968, is an
active participant working to ensure local government input into
Caltrans decisions’ regarding rules and regulations prescribing
uniform standards and specifications for all official traffic
control devices in California. Counties serve an important role
on this committee as we are subject to and oversee implementation
of changes to standards resulting from developing science and new
technology. We remain important governmental partners as owners
and operators of 38 percent of the state’s road
mileage.
CSAC supports the goals of AB 345 – to expand the membership on
the CTCDC to ensure that all users of the roadway system impacted
by decisions regarding traffic control device standards are
represented. We believe the ATLC Advisory Group is a good
resource from which to appoint the non-motorized representatives
to the CTCDC.
AB 345 is scheduled for a hearing in the Senate Appropriations
Committee on August 15.
AB 720 (Hall) – Opposition Removed
As Amended on June 27, 2011
AB 720, by Assembly Member Isadore Hall, as amended on June 27,
would limit the ability of a county under the California Uniform
Construction Cost Accounting Act from utilizing an alternative
contracting procedure (Road Commissioner Authority) for new road
construction and road reconstruction projects, while preserving a
counties ability to perform maintenance and emergency work by
force account.
Our opposition to AB 720 was based on the fact that Road
Commissioner authority is critical to ensure our ability to
respond to needs of the public and perform work on county
highways in a timely, efficient, and cost-effective manner. We
oppose any effort to eliminate that authority outright. However,
we believe that the bill as amended provides a workable solution
that limits force account work for new construction and
reconstruction, while retaining our ability to meet maintenance
and emergency needs on the county transportation system.
After having worked on this measure with the author and the
sponsors for the past six months, as well as during the previous
two-year legislative cycle, we are pleased to have finally
negotiated a reasonable compromise and are removing our
opposition to AB 720. Assembly Member Hall is providing a letter
of intent to the journal in order to clarify that AB 720 is not
intended to limit force account work for facilitating private
contracts (i.e. design, engineering, inspection, etc.). We also
intend to work with the sponsors to pursue a change in the State
Controller’s Guidelines regarding how force account work is
reported in the Annual Streets and Roads Report.
AB 720 was passed out of the Senate Governance and Finance
Committee on July 6 by a unanimous vote. The measure now awaits
action by the entire Senate.
AB 892 (Carter) – Support
As Amended on May 10, 2011
AB 892, by Assembly Member Wilmer Amina Carter, would extend the
State of California’s existing limited waiver of its sovereign
immunity, which is necessary to allow the California Department
of Transportation (Caltrans) to continue its assumptions of
National Environmental Policy Act (NEPA) responsibilities under
Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA-LU). Specifically, the measure
extends the limited waiver of sovereign immunity until January 1,
2019, or until a termination of the Memorandum of Understanding
(MOU) between the California Department of Transportation and the
Federal Highway Administration.
Caltrans has been participating in the “Surface Transportation
Project Delivery Pilot Program” (Pilot Program) under a MOU since
July 1, 2007. To assume these federal responsibilities, Caltrans
was required to accept the jurisdiction of the federal courts,
necessitating the limited waiver of sovereign immunity.
The Pilot Program is intended to streamline the process for
approving transportation projects by allowing Caltrans to assume
FHWA’s responsibility for approvals and consultations under NEPA
and other federal laws while maintaining all federal
environmental protections. The program requires Caltrans to
comply with all FHWA NEPA regulations, environmental policies and
formal guidance. Under the program, one layer of bureaucracy,
related to FHWA’s review of environmental documents, is removed,
decreasing the time required for environmental
approvals.
Based on the first 3.5 years of the Pilot Program, Caltrans has
achieved a median time savings of 14 months in preparing and
approving routine environmental documents, measured from when
environmental studies begin until the final environmental
document is signed. These time savings are based on almost 70
projects for which Caltrans independently made environmental
approvals for both the draft and final environmental document
under the Pilot Program.
This legislation is a key element in helping Caltrans streamline
the environmental review process for critical transportation
projects. For these reasons, CSAC supports AB 892.
AB 892 was passed out of the Senate Environmental Quality
Committee on July 6 by a unanimous vote.
Indian Gaming
AB 1417 (Hall) – Support
As Amended on June 22, 2011
AB 1417, by Assembly Member Isadore Hall, would appropriate $18.2
million from the Indian Gaming Special Distribution Fund (SDF)
for grants to local governments to help off-set the impacts on
infrastructure and public services from tribal gaming.
While the grants offered via the SDF program do not mitigate all
of the affects Indian gaming has on California’s local
communities, the funding is still very critical to local
jurisdictions affected by gaming. Counties experience a myriad of
costly impacts on local infrastructure and services ranging from
transportation to wastewater to public safety.
Additionally, these are special funds and have no impact of the
State’s General Fund or budget. This appropriation will help
local governments and Tribes put this dedicated revenue towards
its intended purpose. These funds are even more vital during such
difficult budget and economic times and could even stimulate some
economic activity as a result of investing the money in
infrastructure mitigation projects.
AB 1417 was passed out of the Senate Governmental Organization
Committee on July 6 by a vote of 11 to 0. The measure is
scheduled for a hearing before the Senate Appropriations
Committee on August 15.